Gift Card Terms & Conditions
By ordering Cooper’s Hawk Intermediate Holding, LLC (“Cooper’s Hawk”) Gift Cards (eGift Cards and/or physical Gift Cards) (collectively “Gift Cards”), or by using or attempting to use Gift Cards, or by visiting https://chwinery.com/gift-cards, you agree that these Gift Card Terms and Conditions ("Ts & Cs") apply. These Ts & Cs are subject to change without notice, as set forth below. Please refer to https://chwinery.com/gift-cards for additional information. IMPORTANT: These Gift Card Ts & Cs include resolution of disputes by arbitration on an individual basis instead of in court.
1. Gift Cards
To purchase a Gift Card visit a Cooper’s Hawk location or https://chwinery.com/gift-cards. If you are seeking to order Gift Cards in bulk (i.e., more than 25), please contact Member and Guest Services at (708) 215-5674 to speak to a member of the Cooper’s Hawk team regarding a bulk purchase and any terms specific to the use and distribution of Gift Cards purchased in bulk.
If you use a credit or debit card to purchase or reload your Gift Card, prior to charging your credit or debit card an authorization process may occur for the amount of your purchase or reload transaction. The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Cooper’s Hawk may attempt to contact you for additional information prior to authorizing the transaction amount.
With the exception of expedited shipping fees for plastic gift cards, no fees of any kind will be imposed on purchasers or recipients of Gift Cards in connection with the sale of Gift Cards.
Your Gift Card does not expire and is not subject to dormancy or other fees, but Cooper’s Hawk may refuse to honor a Gift Card based on other reasons as set forth in these Ts & Cs or as required or permitted by law.
Gift Cards may not be resold. Gift Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use your Gift Card under the supervision of a parent or legal guardian, and by such use the parent or guardian agrees to be bound by these Ts & Cs.
2. Redemption
Your Gift Card is redeemable only for purchases of goods and services at participating Cooper’s Hawk restaurants in the United States. It has no cash value and may not be redeemed for cash (except as required by law). Physical cards must be swiped, scanned, or manually entered for redemption. eGift Cards must be scanned for redemption.
3. View Your Balance
To view your Gift Card balance, go to https://chwinery.com/gift-cards or call (708) 215-5674.
4. Reload
The balance on your physical Gift Cards is reloadable within the balance thresholds specified below. You cannot reload eGift Cards.
You can reload physical Gift Cards at any time with cash, credit or debit cards at Cooper’s Hawk locations. All credit and debit card transactions may be subject to the authorization process specified above.
Reloaded amounts are not refundable or redeemable for cash unless required by law.
5. Returns and Cancellations
You may not return or cancel your Gift Card after it is ordered.
6. Lost or Stolen Gift Cards
You should safeguard your Gift Card. You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized.
Ownership and risk of loss of eGift Cards passes to you as soon as Cooper’s Hawk sends our confirmation of issuance to you or the designated recipient, and risk of loss of a physical Gift Cards passes to you as soon as a physical Gift Card is delivered to you or the designated recipient (if delivered in person) or provided to the designated carrier (if delivered by mail or other shipping method). If you suspect that someone has copied or stolen your Gift Card, contact Member and Guest Services immediately at (708) 215-5674. Stolen Gift Cards will not be replaced. Lost Gift Cards will be replaced with proof of purchase, so keep your activation and reload receipts.
7. Limitations
You may not use a Gift Card to purchase other Gift Cards.
The maximum dollar value that can be associated with your Gift Card at any given time will not exceed $250.
Invalid or unidentifiable Gift Cards or Gift Card numbers will not be redeemed. In addition, Cooper’s Hawk is not responsible for an inability to use or redeem a Gift Card due to any interruption of Cooper’s Hawk’s systems or other services, or any other circumstance beyond the control of Cooper’s Hawk.
Gift Cards may be used as personal or business gifts, but Gift Cards may not be used in connection with any marketing, advertising or other promotional activities.
Gift Cards cannot be resold or transferred for value, or redeemed for cash, except to the extent required by law. Gift Cards are void if resold, transferred for value, or redeemed for cash. Unused Gift Cards may not be transferred.
Cooper’s Hawk reserves the right to refuse to honor any Gift Card in the event of a disputed charge, dishonored payment method or if Cooper’s Hawk reasonably believes the use is unauthorized or unlawful. If Cooper’s Hawk discovers any Gift Card or balance thereof was sourced or derived through fraud or other unlawful or unauthorized means, Cooper’s Hawk may, in its sole discretion, cancel all impacted Gift Cards and retain all related Gift Card balances without notice to you.
8. Other Applicable Policies
Information that you provide when purchasing or using Gift Cards is subject to the Cooper’s Hawk Privacy Policy (https://chwinery.com/privacy-p...).
9. Delivery Information and Requirements
Cooper’s Hawk is not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate physical address or email address for receipt. We are also not responsible for any Gift Cards that are not delivered due to items beyond our control, including without limitation your spam filters, firewall, email inbox over size limit, invalid email address or other internet or telecommunications outages, delays or failures.
10. Limitation of Liability
COOPER’S HAWK AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT COOPER’S HAWK SHALL HAVE NO LIABILITY FOR ANY DAMAGES CAUSED OR RESULTING FROM OR IN CONNECTION WITH USE OR REDEMPTION OF A GIFT CARD. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, COOPER’S HAWK SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF A GIFT CARD; (B) ANY CIRCUMSTANCES BEYOND COOPER’S HAWK’S CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR COOPER’S HAWK BELIEVE IT IS BEING USED IMPROPERLY OR FRAUDULENTLY; OR (D) INABILITY TO USE A GIFT CARD BECAUSE COOPER’S HAWK’S SYSTEM IS NOT WORKING PROPERLY OR TIMELY. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Disputes; Governing Law; Arbitration
With respect to the governing law of these Ts & Cs and any court of competent jurisdiction, including as required or permitted pursuant to the arbitration provision herein or otherwise as required by law, these Ts & Cs shall be construed in accordance with and governed by the laws of the United States and the State of Illinois, without reference to their rules regarding conflicts of law, and you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts with jurisdiction over DuPage County, Illinois, USA.
12. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This arbitration provision provides that you and Cooper’s Hawk waive any right to file a lawsuit in court or participate in a class action for matters within its terms.
Any action, dispute, claim or controversy of any kind, whether in contract or tort, statutory or common law, legal or equitable, or under any law, between you and the Cooper’s Hawk (the “Parties”) now existing or hereafter arising under or in connection with, or in any way pertaining to, the Gift Card program and/or your purchase or use of any Gift Card or these Ts & Cs (“Dispute”) will be resolved expeditiously in accordance with the procedures outlined below. The Parties do not intend for the procedures outlined below to supplant the routine handling of inquiries and complaints through informal contact with customer service representatives or other designated personnel of Cooper’s Hawk.
YOU UNDERSTAND AND AGREE THAT BY THESE TERMS, EXCEPT AS PROHIBITED BY LAW, YOU AND COOPER’S HAWK EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION EITHER AS A MEMBER OF A CLASS OR AS A CLASS REPRESENTATIVE. ANY ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS.
The complaining party or the complaining party’s representative will notify the other party’s representative in writing of the Dispute (the “Notice”), and the non-complaining party will confer with the complaining party and exercise good faith efforts to resolve the matter as expeditiously as possible. Cooper’s Hawk’s address for the Notice is:
Member & Guest Services,
Cooper's Hawk Winery & Restaurants
3500 Lacey Road, Suite 1000
Downers Grove, IL 60515.
In the event that such matter remains unresolved thirty (30) days after the delivery of the complaining party's written notice, the complaining party may pursue the Dispute in arbitration as set forth herein, and except as otherwise provided below.
Nothing in these Ts & Cs will be deemed to waive, preclude, or otherwise limit the right of either party to pursue enforcement actions or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (including without limitation patents, copyrights, moral rights, trademarks, and trade secrets), and either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Arbitration proceedings will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules. If there is any inconsistency between the terms herein and any such rules, the terms herein will control. The arbitration will be conducted at a mutually agreed upon location in the jurisdiction whose Law governs the Ts & Cs (“Arbitration Location”), or as selected by the AAA or other administrator if no agreement can be reached; and the parties hereby waive any claim of forum non convenience. All statutes of limitation applicable to any Dispute will apply to any arbitration proceeding. All discovery activities will be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in an arbitration may be entered in any court having jurisdiction. All arbitration proceedings between Parties will be confidential unless otherwise agreed by the parties in writing.
Arbitrators are empowered to resolve Disputes by summary rulings in response to motions filed prior to the final arbitration hearing. Arbitrators: (a) will resolve all Disputes in accordance with the substantive law of the State of Illinois, (b) may grant any remedy or relief that a court could order or grant and such ancillary relief as is necessary to make effective any such award, and (c) will have the power to award recovery of all costs and fees, to impose sanctions and to take such other actions as they deem necessary to the same extent a judge could pursuant to the Illinois Code of Civil Procedure. The arbitrators have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement, to include the threshold question of arbitrability.
To the maximum extent practicable, the arbitrators and the Parties will take all action required to conclude any arbitration proceeding within one hundred and eighty (180) days of the filing of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required in the ordinary course of its business, by applicable law, or to the extent necessary to exercise judicial review rights as set forth herein. This arbitration provision will survive termination, amendment or expiration of the Ts & Cs or any relationship between the parties.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Cooper’s Hawk will pay the additional cost. If the arbitrators find the arbitration to be non-frivolous, Cooper’s Hawk will pay the fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees, unless the arbitration rules and/or applicable law provide otherwise. If the arbitrators find that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Cooper’s Hawk for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrators must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrators may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Changes to Terms.
Cooper’s Hawk reserves the right to change these Ts & Cs from time to time in its discretion, which changes Cooper’s Hawk may provide to you by any reasonable means, including without limitation, by posting the revised version of these Ts & Cs at https://chwinery.com/gift-cards (“Updated Terms”). This Cooper’s Hawk (“CH”) Gift Card (“Card”) is governed by terms at https://chwinery.com/gift-card-terms-conditions. Card may not be used to purchase CH gift cards. User is responsible for all Card transactions and unauthorized use. Except as required by applicable law: (i) not redeemable for cash, (ii) lost, stolen or damaged Cards will not be replaced without proof of purchase, (iii) no resale or refund. No expiration date or service fees.
Cooper’s Hawk Gift Card Customer Service
If you need assistance with any aspect of your purchase, ownership or use of your Gift Card, please contact Member and Guest Services at (708) 215-5674. Please refer to your order number or be ready to supply your email address.